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Question
During an information filed in the Regional Trial Court charging Eduardo Morales with robbery with violence, the judge conducts an ex parte examination of the complainant and two witnesses and, based on their sworn affidavits, issues a warrant of arrest directed to the city police for the arrest of Eduardo Morales, alias Ed, about 34-38 years old, 5’9” tall, with a dragon tattoo on his left forearm, residing at 120 Rizal Street, City of Cagayan de Oro. The information lists the offense, the accused’s name and alias, and the place of arrest but does not attach the affidavits relied upon, and there is another person in Cagayan de Oro City named Eduardo Morales who is 35 and bears a similar description. The warrant itself only states the name, alias, approximate age, height, and residence, and does not include any distinguishing marks or other identifiers. (a) Identify the requisites for the issuance of a warrant of arrest and the governing standard of proof. (b) Is the warrant valid on its face? Discuss the sufficiency of the accused’s identification and the adequacy of probable cause as presented to the judge. (c) If the warrant is defective, what remedy should the accused or the defense seek, and why?